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26 March 2015

Letter of Response to the Supreme Court regarding the detention on remand of Julian Assange


http://www.aklagare.se/In-English/Media/News-in-English1/Letter-of-Response-to-the-Supreme-Court-regarding-the-detention-on-remand-of-Julian-Assange/

Letter of Response to the Supreme Court regarding the detention on remand of Julian Assange

2015-03-24

The Prosecutor-General is of the opinion that Julian Assange should continue to be detained in his absence, however would endorse the Supreme Court’s adjudication on the question.

Given the fact that Julian Assange has appealed the detention on remand from the Svea Court of Appeal, the Prosecutor-General, on request, has submitted a letter of response to the Supreme Court. In the letter of response, the Prosecutor-General acknowledges that more than four years have elapsed since the original detention order. In the way the case has developed, it has come to contain a number of difficult considerations where different interests are opposed to each other. It would be valuable if the Supreme Court would give its view on those considerations. The Supreme Court has not previously given its view on how to regard a situation where a suspect is detained in his absence, but the decision cannot be executed.

– I would welcome an analysis of the case by the Supreme Court. When judging whether the detention should remain, we have, on the one hand, society’s and the victims’ interest for a suspected crime to be investigated and potentially tried in court, and on the other hand the delay of the case and Julian Assange’s situation at the embassy in London, says Prosecutor-General Anders Perklev.

– Like the District Court and the Court of Appeal, my opinion is that the arguments for detention still take precedence over the arguments for setting the detention aside. I support the prosecutor’s reasoning and view to await to hold an interview with Julian Assange at the embassy in London. The question of detention should, however, continuously be reviewed based on how the matter develops, says Anders Perklev.

Background

In July 2014, the Stockholm District Court decided that Julian Assange should continue to be detained in his absence for the crimes which he is suspected of. The Court of Appeal affirmed the District Court’s decision in November 2014. Julian Assange has appealed the Court of Appeal’s decision to the Supreme Court.

Leave to appeal is required for a case to be heard by the Supreme Court. As a rule, the Supreme Court requests the Prosecutor-General to provide an account of his understanding of the case in a letter of response. The court has, in this case, specifically requested the Prosecutor-General’s view regarding how the investigation has been carried out to date and regarding the application of the principle of proportionality.

The Prosecutor-General submits approximately 60 letters of response annually to the Supreme Court.